Labour Law and how Hart Law can help you.
Labour law focuses on the rights and responsibilities of employers and employees, covering issues like workplace disputes, wrongful dismissal, and employment standards.
Hart Law provides expert legal advice to ensure fair treatment and compliance with regulations, whether you’re an employee seeking justice or an employer navigating complex policies. Our skilled team is committed to protecting your interests and achieving effective resolutions.
Frequently Asked Questions
Employment Contract Questions
Frequently asked employment contract questions focus on what should be included, the ability to negotiate terms, and the distinction between employees and independent contractors.
What should be included in an employment contract?
Key terms like job duties, compensation, benefits, termination clauses, and confidentiality agreements.
Can an employer change my contract terms without my consent?
Significant changes typically require employee agreement, or they may be considered constructive dismissal.
Workplace Rights Questions
Workplace rights questions cover topics like minimum wage, work hours, breaks, and employee entitlements to a safe and fair working environment.
What are my rights regarding overtime pay?
Most provinces mandate overtime pay after a set number of hours worked, usually 44–48 hours per week.
Can I refuse to work in unsafe conditions?
Yes, employees have the right to refuse work they reasonably believe is unsafe under occupational health and safety laws.
Am I entitled to paid sick leave?
Paid sick leave policies vary by province and employer, though some provinces mandate a minimum number of days.
Termination and Dismissal Questions
These questions address wrongful dismissal, severance entitlements, and the conditions under which an employee can be terminated with or without cause.
What constitutes wrongful dismissal?
Termination without proper notice, severance, or cause, in violation of the employment contract or laws.
How much notice or severance pay am I entitled to?
This depends on provincial laws, length of service, and the terms of the employment contract.
Can I be fired without cause?
Yes, but the employer must provide reasonable notice or severance unless termination is for just cause.
Discrimination and Harassment Questions
These questions focus on employees’ rights to a harassment-free workplace, steps to take when facing discrimination, and legal protections under human rights laws.
What should I do if I experience workplace discrimination?
Document incidents, report them to HR or a supervisor, and consider filing a complaint with a human rights tribunal.
What protections exist against workplace harassment?
Most provinces require employers to have anti-harassment policies, and employees can file complaints under workplace safety laws or human rights codes.
Leave and Benefits Questions
These questions cover entitlements to maternity, parental, medical, and vacation leave, as well as the employer’s responsibilities regarding employee benefits.
What are my rights to parental or maternity leave?
Provincial and federal laws provide job-protected leave for eligible employees, with Employment Insurance (EI) benefits for income support.
Can my employer deny my request for vacation leave?
Employers typically have discretion to approve or deny leave requests based on operational needs.
Union and Collective Agreements Questions
Frequently asked union and collective agreement questions focus on employee rights within unions, grievance procedures, and protections under collective bargaining agreements.
What rights do I have as part of a union?
Unionized employees have protections under collective agreements, including grievance procedures and representation.
Can I be disciplined for participating in a strike?
Striking employees are generally protected, but specific rules depend on the nature of the strike and provincial laws.
Other Concerns
These questions address issues like remote or gig worker rights, employer monitoring practices, and the differences in employment laws across provinces.
What laws apply to remote or gig workers?
Remote and gig workers are generally covered by the same employment standards, but enforcement and protections may vary.
How do employment standards differ across provinces?
Provinces set their own rules for wages, hours, and benefits, so understanding local laws is crucial.
